PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 13 SEPTEMBER 2001
         DOCKET NUMBER: AR2001054349


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. John E. Denning		Member
Mr. Terry L. Placek		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that several items on his 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. He states that item 11 (Primary Specialty Number, etc.) be corrected to show that he held specialty 11B (infantryman) for “8+” years rather than “5+” years, that item 12f (Foreign Service) should reflect more than 13 months of foreign service accumulated between 1966 and 1989, and that item 13 (Decorations, Medal, Badges, etc.) is missing several awards. He states that he was awarded an Air Medal with “V” device, and Army Commendation Medal and Meritorious Service Medal which were omitted from the form. He also states that he is entitled to six awards of the Army Good Conduct Medal, and that the Vietnam “Civil Actions Medal” and “Gallantry Cross w/Gold, Bronze and Silver Stars,” were individual and not unit decorations as currently reflected on his separation document. In support of his request he submits a copy of his 1989 DD Form 214.

3. Records available to the Board indicate the applicant served on active duty between 17 August 1966 and 14 February 1972. Information contained in his “record of assignments” on his DA Form 2-1 (Personnel Qualification Record) indicates that he was an infantryman throughout the duration of his more than 6 years of initial active duty service between 1966 and 1972.

4. His DA Form 20 (Enlisted Qualification Record) indicates that he was reduced from pay grade E-3 to pay grade E-1 as a result of conviction by a special court-martial in July 1968 and was subsequently reduced from pay grade E-2 to pay grade E-1 as a result of punishment under Article 15 of the UCMJ (Uniform Code of Military Justice) in May 1969. In spite of his records of misconduct, on
17 January 1972 orders were published by the Fort Dix Medical Department Activity awarding the applicant his first Army Good Conduct Medal. The orders cited 23 February 1969 through 23 February 1972 as the period of the award. The 23 February 1969 date appears to be tied to the date of his first reenlistment following his August 1966 entry on active duty. On 11 October 1973 orders were published by the 199^th Personnel Service Company in Vietnam awarding the applicant a second Good Conduct Medal for the period 17 August 1969 through 16 August 1972. The award was apparently based on the presumption that the applicant received his first award of the Good Conduct Medal for the period
17 August 1966 through 16 August 1969.

5. Between 1967 and 1973 the applicant served three tours of duty in Vietnam. During those tours of duty the applicant was awarded 10 Air Medals, two with “V” devices for heroism (29 April 1970 and 9 May 1970), an Army Commendation Medal, and three individual awards of the Republic of Vietnam Gallantry Cross (with bronze, silver and gold stars). Records available to the Board contain orders confirming each of those awards. The Republic of Vietnam Gallantry Crosses were confirmed as individual decorations by Headquarters, United States Army Vietnam in 1972.

6. On 26 July 1977 the applicant returned to active duty and served continuously until his retirement for length of service on 31 January 1989. Item 12a (Date Entered AD This Period) on his 1989 DD Form 214, however, reflects the date 28 March 1984, the date of his last reenlistment. Between 1977 and 1989 he reenlisted on two separate occasions (in April 1980 and March 1984).

7. Although the applicant’s records do not contain information concerning when he was awarded various military specialties, his DA Form 2-1 does indicate that when he initially returned to active duty in 1977 he was assigned duties as an infantryman for less than 1 month before assuming duties as a legal clerk (specialty 71D).

8. In May 1981 orders were issued by the Military Traffic Management Command awarding the applicant his third Army Good Conduct Medal for the period 26 July 1977 through 25 July 1980, based on the date he returned to active duty in 1977. In 1986 the 199th Personnel Service Company authorized a fourth award of the Army Good Conduct Medal for the period 26 July 1983 through 25 July 1986. There is no evidence of an award for the three-year period beginning on 26 July 1980 and ending on 25 July 1983.

9. During the applicant’s initial period of active duty (1966-1975) he served approximately 73 months overseas. During his military service between 1977 and 1989, according to information contained on his DD Form 214 he served a total of 7 years, 7 months, and 17 days overseas, all in Korea. Specific arrival and departures from his overseas assignments were not in records available to the Board.

10. Army Regulation 635-5 establishes the policies and provisions for the preparation and distribution of the DD Form 214. Prior to 1979 that regulation provided for the issuance of DD Forms 214 each time an enlisted soldier was discharged for the purpose of immediate reenlistment. However, in October 1979 the regulation changed to authorize the issuance of the DD Form 214 at the time the enlisted solider was being permanently released from active duty as an enlisted soldier. Table 2-1 of the regulation in effect beginning in October 1979, which outlined preparation instructions for the DD Form 214, indicated that item 12a would reflect the “first day of the last immediate reenlistment for which a DD Form 214 was not issued….” By September 2000, when the current regulation was published, the preparation instruction were clarified to read “enter the beginning date of the continuous period of AD [active duty] for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.”

11. With the exception of military awards, during both periods of the applicant’s active duty service the DD Form 214 was intended to capture and reflect information associated with the period of service covered by a particular DD Form 214. Hence item 12f (Foreign Service) would reflect the number of years, months, and days an individual served overseas during the period of service captured on that DD Form 214, it was never intended to be a cumulative account of all overseas service. Commencing in 1979 awards and decorations received during all periods of active military service were recorded in item 13 on the DD Form 214.

12. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

13. The Republic of Vietnam Gallantry Cross was established by the Vietnam Government by Decree No. 74-b/Qt, dated 15 August 1950 and Decree No. 96/DQT/HC, dated 2 May 1952. U.S. military units were individually cited for award of the Republic of Vietnam (RVN) Gallantry Cross. Additionally, the medal was awarded by the Vietnam Government to military personnel who accomplished deeds of valor or displayed heroic conduct while fighting the enemy and have been cited individually at the regiment/brigade (with bronze star), division (with silver star), corps (with gold star), or armed forces level (with palm). Within Department of the Army, during the period in question, the decision as to whether a decoration as tendered in recognition of active field service in connection with combat operations or for outstanding or unusually meritorious performance was delegated to commanders of major oversea commands who reported directly to Headquarters, Department of the Army and to the senior commander of Army personnel in a United States military operation designated by the Joint Chiefs of Staff. Personnel who have been specifically authorized by law to accept decorations from foreign governments may wear them in the order of their receipt after all U.S. decorations, Good Conduct Medal, campaign and service medals, and service and training ribbons.

14. The Republic of Vietnam Civil Actions Honor Medal was awarded as an individual foreign award to some members of the United States Army. The unit citation of the Republic of Vietnam Civil Actions Medal was awarded to certain units by the Vietnamese government for meritorious service during the period
1 March 1961 to 28 March 1974. Individuals who received the RVN Civil Actions Medal as an individual award are authorized to wear the medal. Personnel assigned to a unit, which was awarded the medal, are authorized to wear the unit award emblem.

CONCLUSIONS:

1. There is no evidence the applicant was ever awarded a Meritorious Service Medal or the Republic of Vietnam Civil Actions Honor Medal as an individual decoration and as such there is no basis to correct his record to show those two awards.

2. The evidence does, however, confirm the applicant was awarded an Army Commendation Medal and ten awards of the Air Medal, two of which were awarded with the “V” device denoting the awards were for heroism. His records should be corrected accordingly.

3. The evidence also confirms that the applicant was awarded three Republic of Vietnam Gallantry Crosses (bronze, silver and gold star) which were confirmed as individual decorations by Headquarters, United States Army Vietnam. For clarity purposes and so as not to confuse the individual decoration with a Gallantry Cross awarded as a unit award the applicant’s records should be corrected to show that he was awarded the Republic of Vietnam Gallantry Cross (individual award) with a bronze, silver and gold star vice the Republic of Vietnam Gallantry Cross Unit Citation Badge with bronze, silver and gold stars currently reflected on his 1989 DD Form 214.

4. The applicant completed his first period of qualifying service for award of the Army Good Conduct Medal on 16 August 1969. There is no evidence that he was ever awarded the Good Conduct Medal for his initial period of qualifying service (17 August 1966-16 August 1969) and based on his conduct which resulted in a court-martial conviction (1968) and punishment under Article 15 of the UCMJ (1969) the Board does not feel compelled to grant him an award for that initial period.

5. The Board does note that the applicant has two awards of the Army Good Conduct Medal with overlapping periods of qualifying service (23 February 1969-23 February 1972 and 17 August 1969-16 August 1972). As such the Board believes it would be appropriate, and in the interest of justice to recognize the award for the period 17 August 1969 through 16 August 1972. He would not have completed a second three-year period of qualifying service for a second award prior to his 1975 separation from active duty. Upon the applicant’s return to active duty in 1977 he completed three periods of qualifying service for award of the Good Conduct Medal (25 July 1980, 25 July 1983, and 25 July 1986). There is no evidence of misconduct during any of those qualifying periods of service and as such the Board concludes it would be appropriate and in the interest of justice to award him the Army Good Conduct Medal for the periods
26 July 1977-25 July 1980, 26 July 1980-25 July 1983, and 26 July 1983 through 25 July 1986.

6. While the applicant appears to have served his initial tour of duty as an infantryman it is unclear how long he may have held that specialty during his second period of continuous active duty. The intent of the DD Form 214 is to reflect information concerning an individual’s period of military service which occurred during the period of service captured by the separation report. In this particular case it would not be appropriate to include the applicant’s prior service as an infantryman in item 11 on the 1989 DD Form 214. However, because there is insufficient evidence to confirm the validity of the information currently contained in that item, and in the absence of evidence to the contrary, the Board concludes that it would be appropriate to leave the entry as currently constituted.

7. For the same reason the Board concludes that the entry in item 12f (foreign service) accurately reflects the applicant’s overseas service during his last continuous period of active Federal service. Overseas service which was completed during his initial period of active duty (1966-1975) should not be added to the information currently contained in item 12f of the 1989 DD Form 214.

8. Finally, the Board notes that according to instructions contained in Army Regulation 635-5 the applicant’s 1989 DD Form 214 should have been constituted in such a way so as to reflect his continuous period of active service between 26 July 1977 (item 12a), when he returned to active duty, and his retirement on 31 January 1989. He did not receive separation reports in 1980 or 1984 when he was discharged for the purpose of immediate reenlistment.

9. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by showing that the individual concerned was awarded an Army Commendation Medal and 10 awards of the Air Medal, of which two were awarded with “V” devices denoting awards for heroism;

b. by showing that he was awarded four awards of the Army Good Conduct Medal (690817-720816, 770726-800725, 800726-830725, 830726-860725);

c. by showing he was awarded the Republic of Vietnam Gallantry Cross (individual award) with a bronze, silver and gold star vice the Republic of Vietnam Gallantry Cross Unit Citation Badge with bronze, silver and gold stars currently reflected on his 1989 DD Form 214; and
d. by reissuing a DD Form 214 reflecting that the applicant entered active duty on 26 July 1977 and served continuously until 31 January 1989 with appropriate computation of service entry in item 12.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__FNE __ __JED _ __TLP __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __ Fred N. Eiochorn _
                  CHAIRPERSON

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INDEX

CASE ID	AR2001054349
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010913
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	110.00
2.	107.00
3.
4.
5.
6.